Experience
Access Reform (Telecommunications)
We represent 13 of Kentucky’s 15 local rural exchange carriers (RLECs) in connection with the Kentucky Public Service Commission’s ongoing administrative case regarding potential reforms to intrastate access charges, high cost support, and universal service. This representation is ongoing.
Certificate of Public Convenience and Necessity in Contested Case Involving Construction of Additional Water Supply Facilities
We represented our client, a large water company, in a heavily-contested case before the Kentucky Public Service Commission regarding a different large water utility’s efforts to build a new water treatment plant. By presenting a reliable, cost-efficient alternative to the other water utility’s proposal, our representation was successful in paving the way for fruitful discussions between our client and other new large potential customers.
Dispute Over Jurisdictionality of Mobile to Landline Calls
When the Brandenburg Telephone Company needed Sprint to pay its access charges, it turned to Dinsmore. Sprint had been withholding millions of dollars in access charges billed to it pursuant to Brandenburg Telephone Company’s filed and approved tariffs. Sprint claimed that although the tariff language jurisdictionalized access traffic as inter/intrastate on the basis of a juxtaposition of the called and calling party numbers, the advent of wireless telecommunications required jurisdictionalization based on the location of the wireless switch handling the traffic. Before the Franklin Circuit Court, Dinsmore successfully argued that the plain language and historical application of Brandenburg Telephone Company’s tariff prevailed. As the Franklin Circuit Court agreed in reversing the Commission, any other outcome would have resulted in an impermissible violation of Brandenburg Telephone Company’s constitutional due process rights. As a result of the reversal, the client will be able to recover a substantial amount of unpaid charges, and it establishes an important precedent for other wireline carriers across the Commonwealth.
In-House Counsel
We serve as the in-house legal department for Bluegrass Cellular, a commercial mobile radio service (CMRS or cellular) provider throughout Central Kentucky. We assist the client with a wide variety of needs, including negotiating and drafting customer service agreements, vendor agreements, roaming agreements and intercarrier agreements, as well as offering counsel on regulatory compliance, cell tower siting and construction, and other general litigation needs.
Negotiation and Arbitration of Interconnection Agreement (Telecommunications)
We represented an Indiana-based competitive local exchange carrier in the negotiation and arbitration of its interconnection agreement with AT&T in Kentucky. During this representation before the Kentucky Public Service Commission, we were successful in allowing our client to obtain the interconnection services necessary to begin offering competitive 911 service in Kentucky. This has become a landmark result, as it has opened the Kentucky 911 market to the first effective competition in history.
Regulated Utilities and Alternative Fuels
Having represented regulated utilities before approximately 20 state utility regulatory commissions, Mr. Depp has experience across the spectrum of the telecommunications, electricity, water, natural gas, and sewage industries. In addition to his utility work, Mr. Depp also has experience advising clients with respect to matters involving alternative fuels such as biodiesel and ethanol. Representative examples of Mr. Depp’s utility and alternative fuels experience include the following.
- Representing a large aluminum smelter in its efforts to move from the certified service territory of an electric cooperative to that of a large electric utility.
- Representing twelve rural ILECs in the negotiation and arbitration of interconnection agreements with CMRS carriers.
- Representing an ILEC in its efforts to obtain a rate increase under traditional rate of return regulation.
- Representing an ILEC in its efforts to obtain access to the utility poles of an electric utility under rates, terms, and conditions identical to those available to cable television companies.
- Representing a CMRS carrier in its efforts to obtain numerous certificates of public convenience and necessity from local planning units and utility regulatory commissions.
- Representing a start-up company in its efforts to establish a wind farm for purposes of generating electricity for transport and sale.
- Representing a start-up company in its efforts to use landfill gas to generate electricity for transport and sale.
- Representing a water utility in its efforts to implement efficient solutions to a regional water crisis and discourage another water utility's plans to construct a new water treatment plant.
- Representing a CLEC in the negotiations and arbitration of an interconnection agreement to open effective competition in the 911/E911 services market in Kentucky.
- Reviewing, negotiating, and effectuating wireless license transfers.
- Representing 7 ILECs in a regulatory proceeding to determine whether a transit tariff is lawful.
- Representing a condominium association in an effort to compel appropriate service by a sewage utility.
- Negotiating on behalf of manufacturing operations in securing electricity, gas, steam, and telecommunications services.
- Representing a CLEC before the United States Court of Appeals for the Sixth Circuit regarding the opt-in provision of the Telecommunications Act of 1996.
- Representing wireline and wireless carriers in their efforts to obtain eligible telecommunications carrier status.
- Advising wireline and wireless carriers regarding regulatory compliance issues such as those relating to customer proprietary network information.
- Advising a wireless carrier as it launches new products and services.
- Advising clients with respect to proposed legislation affecting utility operations and regulatory obligations.
- Advising utilities with respect to state and local taxation issues.
- Responding to FCC investigations and informal consumer complaints.
- Negotiating and closing asset purchase agreements between regulated utilities, as well as securing necessary regulatory approvals for the same.
- Obtaining regulatory approvals for regulated utilities seeking to construct new plant and/or take on new financing.
- Responding to numerous state utility regulatory commission investigations and inquiries regarding regulatory obligations and/or customer complaints.
- Reviewing, revising, and filing tariffs.
- Representing an alternative fuel manufacturer in discussions with the Kentucky Dept. of Agriculture and the National Biodiesel Board.
- Advising an ethanol manufacturer with respect to regulatory and utility-related issues associated with a contemplated manufacturing plant.
Certified Territory Dispute (Electric)
We represented a large aluminum smelter before the Public Utilities Commission of Ohio in a territorial dispute with a large, multi-state electric utility and a small electric cooperative, both located in Ohio. Our client had previously been removed from the certified service area of a large, multi-state electric utility and into that of a smaller electric cooperative that would permit the client to purchase its electricity on the open market. When market conditions made the open-market purchase of electricity infeasible, we represented the client in a successful effort – spanning political and union lines – to rejoin the service territory of the large utility. As a result of these efforts, the client was able to resume its operations.